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AFTER THE SESSION:

• Images will be ready to review within 3 weeks (usually sooner) of session date (number of images is based on session type & locations).

• Please be prepared to make your final purchasing decisions within 10 days of online gallery post date/email notice sent.

• Any unordered images will be permanently removed from our servers to make room for future client’s images.

• Please make sure all decision-making parties are available to view gallery within the 10 day time frame. I do charge a $250 extension fee to extended unordered galleries from the server.

• All invoice’s need to be paid within 24 hours of final due date. All major credit cards accepted.

• Payment plans are also available!!

TERMS AND CONDITIONS

BOOKING PROCESS:

Both an executed contract and a NON-REFUNDABLE SESSION FEE are required to reserve the portrait photography services detailed in this contract on the agreed upon date + time. Portrait photography services are reserved on a first-come, first served basis. Therefore at the time the contract is signed by both parties and the non-refundable session fee is paid, Melonie Marie Photography will reserve the date + time agreed upon for CLIENT and will not make another reservation for the date + time agreed upon. For this reason, all fees are non-refundable, even if the date + time is changed or if the CLIENT cancels this contract.  CLIENT, understands that ALL FEES are Non-Refundable, even if the date + time is changed or if the CLIENT cancels. CLIENT understands that after the session has been photographed, the full portrait package fee must be paid within 15 days of gallery image viewing or a payment plan agreement signed. No part of any order (digital files, downloads, prints, or products will be released until full payment has been received.

WEATHER LIMITATIONS FOR PORTRAIT SESSIONS: 

CLIENT, recognizes that Melonie Marie Photography shoots in outdoor, natural light and also uses off camera lighting for her portrait sessions. Therefore, Melonie Marie Photography reserves the exclusive right to reschedule her portrait sessions due to weather conditions. Melonie Marie Photography will notify the client via email or phone call within 3-24 hours in advance of the portrait session, if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc. In the event of rain or bad weather on session date, Melonie Marie Photography will reschedule for another date before the end of CLIENT, vacation or within 12 months.

LATE ARRIVAL:

CLIENT acknowledges that he/she must arrive on time or early to scheduled portrait session start time. If CLIENT is late to his/her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to CLIENT'S late arrival. LOCATION ACCESS, FEES, PERMITS + HOUSE RULES: If CLIENT wants to shoot at a location that charges for access or requires permits, CLIENT shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENT shall also be responsible for organizing access to the location and any permits required for doing so. Melonie Marie Photography is limited by the guidelines of the location. CLIENT shall be responsible for negotiating deviations from the house rules.

ARTISTIC STYLE:

On CLIENT'S own behalf, and on behalf of the subject(s): CLIENT  acknowledges that Melonie Marie Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from CLIENT  and /or the Subject’s vision of the session. Accordingly, CLIENT  acknowledge that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.

CULLING + EDITING:

After the portrait session, each image is put through a careful selection process, where Melonie Marie Photography selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after Melonie Marie Photography completes this culling process. CLIENT acknowledges that Melonie Marie Photography retains complete control over the culling and editing process. Melonie Marie Photography color corrects and does basic portrait editing on all delivered online gallery images in Adobe Lightroom & Adobe Photoshop. 

All images that are printed through Melonie Marie Photography are retouched in Adobe Photoshop at Melonie Marie Photography's complete discretion. During the retouching phase for images printed through Melonie Marie Photography, Melonie Marie Photography will retouch any mark that will not be present in two weeks (i.e., acne, bruises, sunburns, etc.). Any additional client requested edits, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, etc., shall be outsourced to our editors and charged to CLIENT at $50 (fifty dollars USD) per image (2 revisions).

ADDITIONAL IMAGES/RAW IMAGES:

Melonie Marie Photography does not guarantee a number of images in CLIENT'S final portfolio. Under no circumstance will Melonie Marie Photography release RAW images to CLIENT. Melonie Marie Photography selects the best representation of the images taken at the sessions for the CLIENT portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to CLIENT.

ARCHIVAL OF IMAGES:

Melonie Marie Photography deletes all RAW images upon delivery of gallery image purchase JPEG files to CLIENT. Once Melonie Marie Photography delivers the email of JPEG download link to CLIENT, the CLIENT accepts all responsibility for archiving and protecting their images. Melonie Marie Photography does permanently archive image files that have been purchased.

LIMIT OF LIABILITY: 

Melonie Marie Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of CLIENT images. However, in the event that MMP fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Studio’s control or The Studio's own negligence, The Studio’s liability shall be limited to a refund of all payments made by CLIENT. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that CLIENTrequested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to CLIENT, and The Studio shall not be liable for the same.

INDEMNIFICATION:

To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold harmless The Studio, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENT, CLIENT guests, CLIENT agents, or by any of CLIENT vendors. In the event any such claim is made, and upon notice from The Studio, CLIENT agrees to reimburse Melonie Marie Photography for the cost of defending such an action or proceeding, using counsel satisfactory to The Studio. This provision shall survive the termination of this agreement.

COPYRIGHT & IMAGE USE BY STUDIO:

The photographs produced by Melonie Marie Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Melonie Marie Photography's written consent. Melonie Marie Photography owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to CLIENT or notification to CLIENT before use.  As author of all images made hereunder and as provided by law, Melonie Marie Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENT, without written consent of Melonie Marie Photography, CLIENT will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions in this contract.

PRIVACY:

Melonie Marie Photography, LLC and its affiliates are committed to respecting the privacy of their clients. While we love to have our images shared with all your family and friends, we ask that you allow us to post them FIRST on our website blog before they get shared to any social media sites like Facebook or Instagram. Once your biog post has been made public, Please share your digital files using our blog post link or any of the following sites you wish us to share them on.

NOTE: we do not use names or tag anyone on our blog post or social media post. If you WANT to be tagged or mentioned for ease of sharing, please be sure to follow us on those site and send me your user name.

MODEL AGREEMENT

• TERMS: For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, her heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against Photographer or his assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law.  Any dispute relating to this agreement will be governed by the laws of the State of Florida, USA.

• RELEASE:  By checking box below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or his assigns for attorney fees and expenses.

SESSION FEE:

• Session Fee is NON-Refundable & DUE to book the session.

• A pre-session consultation via phone/text/email to review the session details, expectations, location choices, session attire suggestions, and helpful recommendations to assist us in getting the best images possible.

• Approximately 15-45 minutes shooting time at a pre-determined location. This time can vary depending on what session package & location we are shooting at.

• Session Fee is NON-REFUNDABLE but in the event of rain or bad weather I do everything in my power to reschedule. If not, it can be transferred to another available date within 1 year of originally booked date.

• Session Fee DOES NOT include any products, prints, retouching.